Superseded by Later Version
Superseded by later version
Claimant on Work Programme
Guidance Queries and Help
1. 1. If you are unable to find an answer to a particular question regarding policy within this guide you must raise the question through the agreed District issues or Escalation route. If it cannot be answered locally, it will be referred to the Work Programme Change Transition Team by Change Implementation teams on a pro forma for resolution.
2. 2. Please do not use the ‘E-mail page owner’ and ‘Page information’ links at the bottom of each page of guidance to raise policy queries. These should only be used to report broken hyperlinks.
Overview
3. Whilst on the Work Programme (WP) claimants will have to continue to satisfy the conditions of entitlement to benefit including notifying Jobcentre Plus (JCP) of changes in circumstances.
4. JSA claimants will be required to attend fortnightly Jobsearch Reviews (JRs) and continue to be available for and actively seeking employment.
5. ESA claimants will continue to be referred for repeat Work Capability Assessments (WCA).
6. Incapacity Benefit (IB) claimants will be subject to IB (IS) Reassessment at the appropriate time.
7. Income Support (IS) claimants will still be subject to the Work Focused Interview (WFI) whilst on the WP. However, the Jobcentre have the option to waive the WFI for claimants who are engaging with the Work Programme Provider (WPP).
8. In addition to the specific action required for the WP existing processes for all change of circumstance e.g. updating IT systems, clerical action and the sharing of information across departments will continue.
9. If claimants do not meet their responsibilities sanctions may be imposed.
10. In addition it is important that JCP communicate all relevant changes to the claimant’s WPP using the WP07a, a WP bulk change of circumstances form or WP07b, a WP individual change of circumstances form.
JSA Attendance at the Jobcentre
Jobsearch Reviews
11. JSA claimants who have been referred to the WP must continue to attend JRs with Jobcentre Plus.
More Frequent Attendance
12. When considering More Frequent Attendance you must contact the WPP to agree any additional attendance arrangements. This will prevent conflict between attendance on a WP activity and attendance at the Jobcentre.
Change of Circumstances
13. Failure of JCP to notify the WPP of claimant changes in circumstance may result in:
· them raising unnecessary compliance doubts or entitlement queries or applying sanctions that are no longer appropriate
· not being able to individually tailor the claimant’s support to obtain a successful outcome of employment.
14. The WCA outcome will be notified to the Jobcentre by existing process and the AA or DASO will check the relevant IT systems for any Change of Circumstances to the customer conditionality on the WP.
15. If a JSA claimant reports a change of circumstances during their JR take action as outlined in the JSA Change of Circumstances
16. Once referred to the WPP, the claimant is still required to report any change of circumstance to JCP/Pension and Disability Carers Service (PDCS).
17. When the claimant reports a change check the Table of Changes to identify if the WPP must be notified.
18. The person who updates LMS is required to notify the WPP of the change by completing either WP07a, a WP bulk change of circumstances form or WP07b, a WP individual change of circumstances form.
19. Also notify the Jobcentre (JC), Benefit Centre (BC), PDCS or other relevant agencies of the change following existing processes.
20. Other changes will take place which will affect the claimants WP conditionality. These must be identified and reported to the WPP where appropriate.
21. If it is appropriate to notify the WPP of the change send the Change of Circumstance form, WP07a or WP07b
· The WP07a change of circumstance form is used to notify up to ten changes between JCP and the provider and vice versa.
· The WP07b form is used to notify individual changes between JCP and the provider and vice versa.
· It is a local decision as to which form to use.
22. Follow existing processes to notify other relevant agencies and update claimant records.
23. See table below for changes that JCP must report to the WPP.
Changes of Conditionality
To be added when available
Table of Changes
No / Change / Reason why the WPP must be informed /1. / Name / · Enable the WPP to contact the correct claimant
· Enable compliance doubts to be raised if required.
· Ensure claimants records are kept up to date.
2. / Address / · Enable the issue of notifications to the correct address
· Enable the claimant to be sanctioned.
· Ensure claimants records are kept up to date.
3. / Phone Number / · Enable the WPP to contact the claimant via telephone.
4. / Status / · All changes of status needs to be notified to the WPP. The following are a few examples: identify joint claims, lone parents, and changes to partner details so the WPP can adapt their support accordingly.
· To consider if the change may result in a compliance doubt.
· May mean there is a change in conditionality
5. / Signing day /cycle / · Enable WPP to arrange activities at appropriate times
6. / Appointee/ Power of Attorney / · All contact to be made with the claimant’s representative
7. / JSA Permitted Period / · Claimants who have a usual occupation and/or an accustomed rate of pay can be given a Permitted Period, of between 1 and 13 weeks during which time they can, if they choose:
- be available for work in their usual occupation (including its terms and conditions – not only pay) only; and/or
- at their usual rate of pay.
· The WPP will need to take account of this restriction when identifying suitable work opportunities.
8. / Available Hours
e.g. Attendance at court / · The claimant is unavailable to attend any interventions or training courses.
· Could also result in an increase in availability and the WPP may want to change the tailored support offered.
9. / Caring Responsibilities / · The claimant is unavailable to attend any intervention or training courses etc. The WPP will have to organise a replacement carer if they want the claimant to attend an activity or partake in any training.
· Could also result in an increase in availability and the WPP may want to change the tailored support offered.
· May mean there is a change in conditionality
10. / Sickness/ accident / · The claimant may be unavailable to attend interactions face to face or training courses etc
11. / Admission to Hospital / · The claimant may be unavailable to attend any activity or training courses
12. / Holiday / · The claimant is unavailable to attend any required activity or provision
13. / Part time working (starting/ ending or change in hours) / · Changes to the claimant’s availability to attend any required activity or provision
· The WPP may want to change the support they offer to the claimant.
14. / Part time education / · The claimant may be unavailable to attend arranged appointments
· The WPP may want to change the required activity or provision they offer to the claimant to dovetail with the part time education.
· Could also result in an increase in availability and the WPP may want to change the tailored support offered.
15. / Voluntary Work
e.g. Territorial Army; Reserve Forces / · The claimant may be unavailable to attend any interactions face to face or training courses etc.
· The WPP may want to change the support they offer to the claimant as they are now getting work experience.
· Could also result in an increase in availability and the WPP may want to change the tailored support offered.
16. / ESA/IB Permitted Work/
Voluntary (exempt work)
Vol
(Ex / · The claimant may be unavailable to attend face to face interactions or training courses etc.
· The WPP may want to change the support they offer to the claimant as they are now working.
· Could also result in an increase in availability and the WPP may want to change the tailored support offered.
17. / Incidents/
unacceptable claimant behaviour / · Enable the WPP to take necessary precaution with the claimant.
18. / ESA WCA appeal -
1. made by claimant
2. outcome received / · If the ESA claimant is already on the WP notify the WPP if the claimant appeals the WCA outcome because during the appeal process the WPP can not mandate the claimant to undertake activities, unless they are in the WRAG.
· Notify the WPP of the appeal outcome so that relevant action can be taken.
19. / Claimant living abroad and on benefit / · Inform the WPP that the claimant is leaving the UK
20. / Death / · The WPP is required to put a completer reason on the Provider Referral and Payments system (PRaP)
21. / Benefit claim terminated / · If claimant moves to another benefit their WP conditionality may change
· If claimant leaves benefit altogether WP conditionality does not apply and the WPP will tailor their support.
22. / New claim to JSA or IS / · When moving between benefits the sanction regime and claimant conditionality changes.
· Following a break in benefits to advice that the claimant is in receipt of benefit and any change to sanction regime and conditionality.
23. / New WCA outcome known e.g. on a new claim; movement between Support Group and WRAG / · When moving between benefits the sanction regime and claimant conditionality changes.
· Following a break in benefits to advice that the claimant is in receipt of benefit and any change to sanction regime and conditionality.
24. / Claimant is at or over the age at which they are eligible for Pension Credit / · Claimant’s conditionality changes and the WPP and claimant have the choice to continue to work together.
25. / ESA WRAG Lone parent whose youngest child reaches 5 and starts school / · When the youngest child reaches the age of 5 and starts school the claimant can be mandated to undertake activities
26. / ESA WRAG Lone Parent now responsible for a child under 5 / · Check if claimant’s WP conditionality changes from mandatory to voluntary and advice the WWP.
· If participation becomes voluntary sanctions will no longer apply
27. / Becomes or ceases to be ESA credits only / · Claimant’s conditionality changes and the WPP can no longer mandate the claimant.
28. / ESA safeguard measures (vulnerable claimants) identified / · The WPP may want to adjust their communication method with the claimant.
· The WPP will want to ensure the claimant fully understands their requirements before raising a sanction doubt.
29. / Claimant is imprisoned / · Inform the WPP that the claimant is in prison
30. / Special Claimant Record Cases / · Transfer the claimant record to clerical
31. / Transfer JCP District / · The WPP will contact the District administering the claimants claim
ESA WCA Appeals
24. If the claimant is already with the WP they will remain on the WP during the appeal. Those appealing against a fit for work decision cannot be mandated during their appeal.
25. Those appealing against placement in the WRAG because they think they should be in the Support Group can be mandated during the appeal.
Claimants Death
26. The person who sends the change of circumstances form WP07a or WP07b must also telephone the WPP to report the death of a claimant to ensure PRaP is updated.
Provider notified/ identifies Change of Circumstances
27. If the claimant reports a change of circumstance to the Provider they will remind the claimant of the process to report changes to JCP/PDCS.
28. The Provider is only required to notify JCP of the following claimant change of circumstances / incidents:
· Employment
This could be starting full-time/part time work or ending part-time work.
· Sickness
· Accident or incident
JCP must take the correct action to issue the relevant forms. Follow action in the Unacceptable Claimant Behaviour guidance
· Death
Although the Provider will notify JCP, they will not close the claimant’s WP records until JCP confirm the claimants death and notify the Provider
29. The Provider will update their records and send a change of circumstances form WP07a or WP07b to Jobcentre Plus.
30. If the claimant has started full time work the WPP will direct the customer back to the Jobcentre to enquire about entitlement to in work benefits.
31. The change of circumstance may be received in the Jobcentre or BC -
· If the change is received in the Jobcentre they will update LMS and notify the BC if appropriate
· If the change is received in the BC they will update LMS or notify the Jobcentre if no LMS access.
Sensitive Cases
Multi Agency Public Protection Arrangements Cases (MAPPA)
32. The Responsible Authorities (RA) will notify the relevant Jobcentre Plus nominated Manager about any serious sex, violent or dangerous offender who:
· is subject to a Probation Supervision Order or Sexual Offences Prevention Order (SOPO);
· has restrictions placed on the type of employment and training opportunities they can apply for and